BILL ANALYSIS SB 1058 Page 1 SENATE THIRD READING SB 1058 (Harman) As Amended August 16, 2010 Majority vote SENATE VOTE :33-0 WATER, PARKS & WILDLIFE 11-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Huffman, Fuller, |Ayes:|Fuentes, Conway, | | |Anderson, Arambula, Tom | |Bradford, | | |Berryhill, Blumenfield, | |Charles Calderon, Coto, | | |Caballero, Fletcher, | |Davis, | | |Bonnie Lowenthal, Salas, | |De Leon, Gatto, Hall, | | |Yamada | |Harkey, Miller, Nielsen, | | | | |Norby, Skinner, Solorio, | | | | |Torlakson, Torrico | | | | | | ----------------------------------------------------------------- SUMMARY : Establishes an Upland Game Bird Account and a Big Game Management Account within the Fish and Game Preservation Fund (FGPF). Specifically, this bill : 1)Establishes an Upland Game Bird Account (UGBA) within the FGPF, and requires that all funds from the sale of upland game bird validations and stamps be deposited in the UGBA to permit separate accountability for the funds. Requires that funds in the UGBA be available for expenditure, upon appropriation of the Legislature, to the Department of Fish and Game (DFG) solely for acquisitions, projects and programs to benefit upland game bird species, to expand public hunting opportunities and for related public outreach, including enhancing upland game bird habitat. 2)Authorizes DFG to use funds in the UGBA for contracts or grants to nonprofit organizations, including for related habitat conservation projects, and for related reasonable administrative and enforcement costs. Requires an advisory committee, composed of nonprofit organizations representing licensed hunters, to review and provide comments to DFG on all proposed projects, and requires DFG to post information on its Web site on all projects funded from the UGBA. SB 1058 Page 2 3)Establishes a Big Game Management Account (BGMA) within the FGPF, and requires that all revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags be deposited in the BGMA to permit separate accountability for the funds. Requires that funds in the BGMA be available for expenditure, upon appropriation of the Legislature, to DFG solely for acquisitions, projects and programs to benefit antelope, elk, deer, wild pigs, bear, and sheep, to expand public hunting opportunities, and for related public outreach. 4)Authorizes DFG to use funds in the BGMA for contracts or grants to nonprofit organizations, including for related habitat conservation projects, and for related reasonable administrative and enforcement costs. Requires an advisory committee, composed of nonprofits representing licensed hunters, to review and provide comments to DFG on all proposed projects, and requires DFG to post information on its Web site on all projects funded from the BGMA. EXISTING LAW : 1) Requires that revenues from the sale of upland game bird stamps and hunting validations be deposited in the FGPF and used to benefit upland game bird species and for related hunting opportunities and public outreach. Requires DFG to maintain internal accountability necessary to ensure restrictions and requirements for expenditure of these funds are met. 2) Requires that revenues from the sale of tags for the taking of antelope, elk, deer, wild pig, bear and sheep be deposited in the FGPF, and requires that revenues from the sales of tags for each game species, with some exceptions, be used only for programs related to that game species. Revenues from the sale of deer tags are continuously appropriated for deer herd management. 3) Requires the director of DFG and the Secretary of the Natural Resources Agency, with DFG's annual budget submittal to the Legislature, to submit a report on the fund condition for all accounts and subaccounts within the FGPF. SB 1058 Page 3 FISCAL EFFECT : 1)Minor, absorbable one-time costs to establish the UGBA and BGMA accounts (FGPF). 2)Redirection of approximately $8.7 million in nondedicated funds from the FGPF to the two subaccounts created by this bill, of which about $7.2 million would go to the BGMA and about $1.5 million to the UGBA. 3)Minor ongoing costs to DFG, likely less than $50,000 annually, to administer funds and maintain required fund information on its Web site (FGPF). COMMENTS : This bill establishes a new consolidated BGMA within the FGPF. Proceeds from the sale of tags to hunt antelope, elk, deer, wild pig, bear and sheep would be deposited in the BGMA and available, upon appropriation, for use for programs benefiting these species. Currently, revenue from each of these game species tag sales is deposited in the FGPF, but the law requires that revenues from the sale of tags for each species be used for expenditures related only to that species. The aim of this bill is to both provide for better accounting by requiring that the funds go into a consolidated BGMA, and to provide for greater flexibility by allowing the pooling and use of these revenues on projects of benefit to more than just one species. This bill also authorizes DFG to use the funds for grants to nonprofits, and requires an advisory committee, composed of nonprofits representing licensed hunters, to advise DFG on all proposed project expenditures. This bill also creates in statute an UGBA. Current law requires DFG to maintain the internal accountability necessary to ensure that funds from the sale of upland game bird stamps are used for programs, projects and acquisitions to benefit upland game bird species and related hunting opportunities, but does not specifically require that the funds be kept in a separate UGBA. This bill also authorizes funds in the account to be used for grants to nonprofit organizations, and requires an advisory committee, composed of nonprofits representing licensed hunters, to advise DFG on all proposed project expenditures. The author states that this bill has been introduced to provide SB 1058 Page 4 greater transparency, government accountability and oversight, and to ensure that hunting license tag and stamp funds are used to benefit game species and their habitats. Supporters assert this bill will provide oversight to ensure that revenues generated through hunting license tag and stamp sales are spent for conservation of game species and their habitats. Supporters cite a 2006 Legislative Analyst's Office (LAO) report which found that DFG had been addressing shortfalls in certain accounts within the FGPF by shifting funds to other accounts, and as a result some dedicated funds were being used for purposes not authorized by statute. According to the LAO, DFG has taken steps since that report was released to address those problems and to provide better accounting. Supporters believe this bill will help to more fully address this problem over the long-term, and ensure the funds are used for their intended purposes by requiring DFG to consult with nonprofit groups on proposed projects, while also giving DFG greater flexibility by consolidating funds and allowing revenues to be used to benefit all game species. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096 FN: 0006074